On Oct 21, 10:48*pm, bob haller wrote:
well heres a little detail that could come back to bite the property
owner bad
So they do a DIY asbestos tile removal, when the home is up for sale
the law requires they disclose this and what they did,,,,,
It's a big IF as to whether a state would require it to be
disclosed at time of sale.
AFAIK, in most places
it's legal for a homeowner to remove their own floor tile that
contains asbestos. I can show you states that outline the
procedure, etc. Assuming you do it and follow the guidelines,
unless the state you happen to be living in specifically requires
disclosure of such removal when you go to sell, then you have
nothing to disclose. There may be some states that do
require it to be disclosed, but I don't believe it's the general
case.
now say you dont disclose the asbestos tile removal and anyone knows
you did it, and tells the new owner. the new owner can bring a lawsuit
and take the $$$ out of your account even years later...
$$$ out of what account? They can't access any accounts
you have unless they sue you, win and you don't pay. And
when suing, they have some substantial burdens to overcome.
And even after that, they have to prove actual damages as a result.
they would demand a pro clean up,
They can't demand a pro clean-up if there is no law that
says a homeowner can't do it themselves, there is no
contamination, etc. Now if they do testing and find
contamination, then they have grounds to proceed.
and environmental tests, imagine if
you happen to live in a asbestos prone area....... they could demand
the home must be cleaner than the outside
A close by neighbor failed to disclose their bad sewer line, the new
owner had a flooded basement, found out about the cover up, and *won
15 grand in sewer line replacement plus court costs....
disclosing is the best way to go
Having a bad sewer line that you know about and fail to
disclose is an entirely different ballgame. In that case, there
is an existing problem. In the case of the tile, if you are
permitted to remove it yourself, do so, and are unaware of
any problem, then you have no existing problem.